UConn BLAW 3175 - PPT chapter 6 part 1 (Negligence, Duty, Breach) (22 pages)

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PPT chapter 6 part 1 (Negligence, Duty, Breach)



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PPT chapter 6 part 1 (Negligence, Duty, Breach)

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Pages:
22
School:
University Of Connecticut
Course:
Blaw 3175 - Legal and Ethical Environment of Business

Unformatted text preview:

1 13 19 Dr Gerlinde Berger Walliser NEGLIGENCE AND STRICT LIABILITY Chapter 6 part 1 Negligence Duty Breach 1 Negligence The unintentional tort Who is liable in the following case http www wfsb com story 19749850 bull strikes woman at berlin fairgrounds Negligence To win a case the plaintiff must prove Defendant has a Duty of due care to the plaintiff Breach of duty Proximate cause Harm damage or injury Duty of Care What duty To behave as a reasonable person would under the circumstances No drinking and driving No texting and driving Scatter sand on icy driveway to protect visitors How far does the duty go Palsgraf v Long Island Court of Appeals of New York 1928 http www courts state ny us reporter archives palsgraf lirr htm Plaintiff was standing on a platform of defendant s railroad after buying a ticket to go to Rockaway Beach A train stopped at the station bound for another place A man carrying a package jumped aboard the car but seemed unsteady as if about to fall A guard on the car reached forward to help him in and another guard on the platform pushed him from behind Palsgraf v Long Island cont d In this act the package was dislodged and fell upon the rails It was a package of small size about fifteen inches long and was covered by a newspaper In fact it contained fireworks but there was nothing in its appearance to give notice of its contents The fireworks when they fell exploded The shock of the explosion threw down some scales at the other end of the platform many feet away The scales struck the plaintiff causing injuries for which she sues Did the railroad breach a duty of care What is the standard Palsgraf v Long Island cont d The Court Decision The diversity of interests emphasizes the futility of the effort to build the plaintiff s right upon the basis of a wrong to some one else Even then the orbit of the danger as disclosed to the eye of reasonable vigilance would be the orbit of the duty The duty of care is owed to reasonably foreseeable plaintiffs



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